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I. PERLIS & SONS v. NAT. SURETY CORP.

21934.

218 Ga. 667 (1963)

129 S.E.2d 915

I. PERLIS & SONS v. NATIONAL SURETY CORPORATION.

Supreme Court of Georgia.

Decided February 7, 1963.

Judgment Adhered To On Rehearing February 25, 1963.

Attorney(s) appearing for the Case

Robert D. Horne, Roy B. Friedin, Harris, Russell & Watkins, for plaintiff in error.

Jones, Sparks, Benton & Cork, Frank C. Jones, contra.

DUCKWORTH, Chief Justice.

All suits in equity shall be filed in the county of the residence of one of the defendants against whom substantial equitable relief is prayed. Code Ann. § 2-4903 (Const. of 1945; Ga. L. 1945); Code § 3-202. This law has been uniformly construed to mean that in order to join a nonresident in such a suit, substantial equitable relief must be common to him and the resident defendant. This means that regardless of substantial...

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